New Jersey Advisory Committee to the U.S. Commission on Civil Rights
Briefing Report
September 2010
The United States Commission on Civil Rights
The U.S. Commission on Civil Rights is an independent, bipartisan agency established by
Congress in 1957, reconstituted in 1983, and reauthorized in 1994. It is directed to investigate
complaints alleging that citizens are being deprived of their right to vote by reason of their race,
color, religion, sex, age, disability, or national origin, or by reason of fraudulent practices; study
and collect information relating to discrimination or a denial of equal protection of the laws under
the Constitution because of race, color, religion, sex, age, disability, or national origin, or in the
administration of justice; appraise federal laws and policies with respect to discrimination or denial
of equal protection of the laws because of race, color, religion, sex, age, disability, or national
origin, or in the administration of justice; serve as a national clearinghouse for information in
respect to discrimination or denial of equal protection of the laws because of race, color, religion,
sex, age, disability, or national origin; submit reports, findings, and recommendations to the
President and Congress; and issue public service announcements to discourage discrimination or
denial of equal protection of the laws.
The State Advisory Committees
By law, the U.S. Commission on Civil Rights has established an advisory committee in each of the
50 states and the District of Columbia. The committees are composed of state citizens who serve
without compensation. The committees advise the Commission of civil rights issues in their states
that are within the Commission’s jurisdiction. More specifically, they are authorized to advise the
Commission on matters of their state’s concern in the preparation of Commission reports to the
President and the Congress; receive reports, suggestions, and recommendations from individuals,
public officials, and representatives of public and private organizations to committee inquiries;
forward advice and recommendations to the Commission, as requested; and observe any open
hearing or conference conducted by the Commission in their states.
State Advisory Committee Reports
The State Advisory Committee reports to the Commission are wholly independent, and are
reviewed by Commission staff only for legal and procedural compliance with Commission
policies and procedures. SAC reports are not subject to Commission approval, fact-checking or
policy changes.
This report is the work of the New Jersey State Advisory Committee to the U.S. Commission on
Civil Rights. The views expressed in this report and the findings and recommendations
contained herein are those of a majority of the State Advisory Committee members and do not
necessarily represent the views of the Commission or its individual members, nor do they
represent the policies of the U.S. Government.
This report can be obtained in print form or on disk in Word format from the Eastern Regional Office,
U.S. Commission Civil Rights, by contacting the Commission. It is also posted on the web-site of the
Commission at http://www.usccr.gov.
Overcoming the Barriers
Faced by Immigrants:
A Briefing Report by the
New Jersey State
Advisory Committee to
the United States
Commission on Civil
Rights
Letter of Transmittal
New Jersey State Advisory Committee to
the United States Commission on Civil Rights
Members of the Commission
Gerald A. Reynolds (Chairman)
Abigail Thernstrom (Vice-Chair)
Todd F. Gaziano
Gail Heriot
Peter N. Kirsanow
Arlan D. Melendez
Ashley L. Taylor, Jr.
Michael Yaki
Martin Dannenfelser, Staff Director
The New Jersey State Advisory Committee submits this report, Overcoming the Barriers Faced
by Immigrants: A Briefing Report by the New Jersey State Advisory Committee to the United
States Commission on Civil Rights, in furtherance of its responsibility to advise the Commission
on civil rights issues in New Jersey.
This report was adopted by a vote of 15 to 1, with two members abstaining. The dissenting
member—Brian M. Gaffney—was given an opportunity to prepare a dissenting statement. No
statement was submitted.
On May 8, 2009, the Committee invited government officials, scholars, advocates, and members
of the public to make presentations at a public briefing to address the most pressing civil rights
issues affecting immigrants in New Jersey. The briefing explored a wide range of issues
including what role, if any, state and local governments should have in enforcing immigration
law, the critical employment and housing barriers facing immigrants in New Jersey, and the
particular challenges faced by asylum seekers and other immigrants subject to detention.
The Committee heard from a diverse group of stakeholders and experts from around the State
and gained valuable insight into each of these issues affecting immigrants in New Jersey. For
example, the Committee learned that many believe that local enforcement of federal immigration
law is counterproductive. Advocates and community representatives expressed concern that local
participation in federal immigration enforcement efforts discourages immigrants from reporting
crimes out of fear they will jeopardize their own immigration status. Indeed, many law
enforcement officers believe that such participation detracts from their ability to carry out public
safety functions.
The Committee also learned that many vulnerable immigrants in New Jersey commonly face
labor and workplace safety violations. Too many unscrupulous employers deny immigrants fair
wages, safe working conditions, and other basic rights, and such abuses often occur with
impunity because of underenforcement of labor and workplace safety law or because workers are
i
too afraid to come forward or do not know their rights. Most experts, advocates and laborers
believe that better enforcement of existing labor and workplace safety laws would substantially
remedy this problem, as would greater efforts to educate immigrant workers regarding their
rights.
The Committee also heard from several panelists and members of the public who urged the
Committee to endorse legislative measures that would permit undocumented children to obtain
legal status after obtaining a college degree as well as efforts to make those students eligible for
in-state tuition. Finally, the Committee heard about the difficult and sometimes deadly conditions
faced by immigrants, including asylum seekers, detained at the Elizabeth Detention Center and
county jails in New Jersey.
The Committee recognizes that many of the challenges faced by immigrants in New Jersey and
across the country may be addressed, or the landscape changed, if and when Congress enacts
comprehensive immigration reform that could allow the millions of individuals currently living
in the United States without lawful status to come out of the shadows where they are often
exploited, abused, or unable to fully utilize their skills and talent. Putting the need for
comprehensive immigration reform aside, however, the Committee believes that federal, state
and local authorities in New Jersey and elsewhere can and should take a number of steps that
would serve to better guarantee basic civil rights to immigrants. The Committee thus offers the
enclosed report with recommendations which identify several areas upon which federal, state and
local governments should focus their attention in order to protect and promote the civil rights of
their foreign-born residents.
Through this report, which focuses upon conditions in New Jersey, the Committee endeavors to
promote greater understanding of the challenges faced by immigrants both here and throughout
the country with respect to essential civil rights, in particular housing and employment. By
engendering a public discussion of these issues and making specific policy recommendations, the
Committee seeks to protect and promote the civil rights of one of the largest and most diverse
populations living and working within New Jersey, and to encourage a nationwide dialogue on
these issues.
Sincerely,
Leanna Y. Brown, Chair, New Jersey State Advisory Committee*
*Leanna Y. Brown was chair of the NJ State Advisory Committee (NJ SAC) at the time that this report was adopted
by the SAC. William J. Stephney is the current chair of the NJ SAC.
ii
New Jersey State Advisory Committee to the U.S. Commission on Civil Rights
– Members designated with an asterisk served on the Immigration Subcommittee.
Leanna Y. Brown, Chair*
Chatham Borough, NJ
Lawrence S. Lustberg*
Chatham Township, NJ
Richard F. Collier, Jr.*
Montgomery Township, NJ
David R. Oakley*
Princeton, NJ
Jane R. Dunhamn*
Plainsboro, NJ
Clement A. Price
Newark, NJ
Sherine El-Abd*
Clifton, NJ
Saulo Santiago*
Jersey City, NJ
Lora L. Fong
Edison, NJ
Judd A. Serotta*
Cherry Hill, NJ
Brian M. Gaffney*
Morristown, NJ
Morris G. Smith
Collingswood, NJ
John J. Hart
Lumberton, NJ
William J. Stephney
Randolph Township, NJ
Shavar D. Jeffries
Newark, NJ
Jackson Toby
Highland Park, NJ
Beth Ann Jones
West Deptford, NJ
Peter W. Wood*
West Windsor Township, NJ
Acknowledgments
The New Jersey Advisory Committee thanks all of the participants in the May 8, 2009 hearing
for sharing their expertise and, in some cases, deeply personal stories, on this most important
issue. The Committee extends a special appreciation to Jenny-Brooke Condon, Esq. for her hard
work and invaluable assistance in preparing this report. The Committee greatly appreciates the
leadership of Lawrence S. Lustberg, the Subcommittee Chair, and Richard F. Collier, Jr., the
Subcommittee Vice Chair, as well as the many contributions of our fellow Immigration
Subcommittee members who helped set the agenda, identify and interview the participants,
and produce this report. Lastly, the Committee thanks the staff of the Eastern Regional Office of
the U.S. Commission on Civil Rights—Ivy L. Davis, Director and Barbara Delaviez, Deputy
Director for the administrative support that they provide to the 14 state advisory committees
assigned to the Eastern Regional Office.
iii
iv
TABLE OF CONTENTS
Introduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Federal Immigration Context . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Immigration in New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Chapter One: Background on Labor and Workforce Issues Affecting Immigrants in New
Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Chapter Two: Background on Immigrants Access to Fair Housing in New Jersey . . . . . . . .7
Chapter Three: Summary of Presentation to the New Jersey State Advisory Committee on
May 8, 2009, Trenton, New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Panel One: State and Local enforcement of Immigration Laws
Ronald K. Chen, Former New Jersey Public Advocate (2006-2010) . . . . . . . . . . . . . . . . . . . . . . 8
Deborah Jacobs, Executive Director, ACLU of New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Donald Cresitello, former Mayor of Morristown (20006 through 2009), Statement
for the Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Panel Two: Housing and Employment Discrimination
Jill Rottman, Executive Director, Covenant House . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Joseph Young, Director, Disability Rights New Jersey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Kenneth H. Zimmerman, Chair, Lowenstein Center for the Public Interest . . . . . . . . . . . . . . . . 11
Frank Tinari, Professor Emeritus of Economics, Seton Hall University . . . . . . . . . . . . . . . . . . . 12
Carmen Martino, Co-Director, Rutgers Occupational Training and Education and Education
Consortium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Panel Three The Immigrant Experience
Nelson Carrasquillo, Comite De Apoyo A Los Trabajadores Agricolas/Farmworkers
Support Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Shai Goldstein, Executive Director, New Jersey Immigration Policy Network . . . . . . . . . . . . . .14
Willie Campoverde, Laborer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Amy Gottlieb, Director, Immigrant Rights Program, American Friends Service Committee . . .15
Marlene Lao-Collins, Director of Social Concerns, New Jersey Catholic Conference . . . . . . . . 16
Patricia Fernandez-Kelly, PhD., Chair, Latin American Legal Defense and Education
Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Marisol Conde-Hernandez, Advocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Open Session: Statements from the Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Diane Mejia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Brother John Skrodinsk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Sebastian Londono . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Melissa Avila . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Kiera Lopez . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Harry Perryman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
v
Chapter Four: Findings and Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Appendices:
Steven Owen, Director, Communications, Corrections Corporation of American, to Ivy L. Davis,
Director, Eastern Regional Office, January 20, 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A
Leo P. McGuire, Sheriff, Bergen County Sheriff, to Ivy Davis . . . . . . . . . . . . . . . . . . . . . . . . . . B
Captain Thomas Fatigante, Monmouth County Sheriff’s Office, to Ivy Davis . . . . . . . . . . . . . . C
Eric M Aronowitz, Esq., First Deputy County Counsel, County of Middlesex, to
Ivy L. Davis, (the 18 page Report of the County of Middlesex Office of the Medical
Examiner, dated May 6, 2008, is available upon request from the Eastern Regional
Office of the USCCR) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D
vi
Introduction
Federal Immigration Context
Article I, Section 8 of the United States Constitution confers on Congress the power to “establish
a uniform Rule of Naturalization.” As a result, whether a foreign-born individual is permitted to
enter or stay in the United States is a question of federal law, over which the political branches of
government possess plenary authority. Congress, through the Immigration and Naturalization
Act (INA), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), 1 which amended the INA, comprehensively addressed which individuals may lawfully
enter the United States and which persons are unlawfully present and may be removed by the
federal government. The Department of Homeland Security (“DHS”) is the federal agency with
primary authority for granting immigration benefits and enforcing immigration laws through its
composite agencies, the U.S. Citizenship and Immigration Service (“USCIS”) and Immigration
and Customs Enforcement (“ICE”). DHS took over the functions and responsibilities of the
former Immigration and Naturalization Service in March 2003.
The U.S. Commission on Civil Rights has previously addressed concerns about civil rights issues
flowing from United States immigration laws and policies, and in particular with respect to
IIRIRA, which, the Commission has noted, has engendered repeated calls for legislative reform. 2
Although immigrants’ rights groups and public officials have consistently advocated for
comprehensive immigration reform in the years since 1996, when IIRIRA was enacted, Congress
has consistently failed to pass such measures. President Obama has stated that he is committed to
passing comprehensive immigration reform in his first term as President, which will focus on
“clarify[ing] the status of millions who are here illegally.” 3
One particular change that occurred as a result of IIRIRA and which remains a source of
controversy in New Jersey is section 287(g) of the INA, which authorizes the Secretary of DHS
to contract with state and local law enforcement agencies to assist in the enforcement of
immigration laws. This program has been a contentious issue in a number of New Jersey
municipalities, most notably Morristown, where the former Mayor long advocated entering into a
287(g) agreement with the federal government and finalized such an agreement on his last day in
office in December 2009. 4 In addition, in the Fall of 2009, DHS announced plans to expand
287(g), noting that twelve additional jurisdictions reached agreements with the Department and
were awaiting local approval. 5 Approval of these agreements would bring the total number of
localities participating in the program to over 70. 6
1
Pub. L. 104-208, Div. C, 110 Stat. 3009-546 (1996).
U.S. Commission on Civil Rights, Crossing Borders: The Administration of Justice and Civil Rights Protections in
the Immigration and Asylum Context, Project Summary (2003), available at
http://www.law.umaryland.edu/marshall/usccr/documents/cr12b642.pdf.
3
Roger Runnigen, Obama Committed to Overhauling U.S. Immigration Laws, Bloomberg, June 19, 2009, available
at http://www.bloomberg.com/apps/news?pid=20601103&sid=avxmcRABpSlw.
4
Jamie Duffy, New Jersey’s Latino Leadership Asks Obama to Rescind Morristown’s 287(g) Status, Star-Ledger,
Jul. 20, 2009, available at
http://www.nj.com/morristown/jamieduffy/index.ssf/2009/07/new_jerseys_latino_leadership.html; Tanya Drobness,
Outgoing Mayor Enrolls Morristown into Immigration Program to Deputize Officers, Star-Ledger, Dec. 30, 2009,
available at http://www.nj.com/news/index.ssf/2009/12/outgoing_mayor_enrolls_morrist.html.
5
See Press Release, Dept. of Homeland Security, ICE Announces Standardized 287(g) Agreements with 67 State and
Local Law Enforcement Partners (Oct. 16, 2009), available at
2
1
Nonetheless, even if Congress does not enact comprehensive immigration reform, particular
immigration law proposals may be considered and adopted by Congress. For example, the
Development, Relief and Education for Alien Minors Act (“DREAM Act”),7 which is pending
before Congress, would provide qualified immigrant students the chance to obtain permanent
residency status if they earn a college degree or serve in the military. As introduced, the law
would apply to foreign-born students who entered the United States as children, graduate from
U.S. high schools, possess good moral character, and have been continuously present in the
United States for at least five years. 8
Whether or not the federal government ultimately enacts comprehensive immigration reform that
allows the millions of individuals currently living in the United States without lawful status a
path to normalize their immigration status, all immigrants living within the United States and in
New Jersey are protected by certain laws, including those governing fair labor standards,
workplace safety, and access to fair housing free of discriminatory treatment. This report focuses
on those critical areas.
Immigration in New Jersey
Illegal employment practices and the denial of fair housing are civil rights issues with particular
salience for New Jersey’s large and diverse immigrant community. With the sixth largest
population of immigrants in the nation, the 1.75 million foreign-born individuals residing in New
Jersey account for 20.1 percent of the State’s total population. 9 Only two other states, California
and New York, have a larger proportion of immigrant residents. 10
While international migration to New Jersey is no longer on the rise, the number of residents of
Latino or Hispanic origin is expected to increase by 27.9 percent from 2006 to 2016, as
compared with a 0.3 percent increase expected for the non-Hispanic population. 11 The
Department of Labor and Workforce Development estimates that 94 percent of New Jersey’s
population growth between 2006-2016 will be attributable to Hispanics, while the non-Hispanic
white population is expected to decline. 12
http://www.ice.gov/pi/nr/0910/091016washingtondc.htm; see also Muzaffar Chisti & Claire Bergeron, Migration
Policy Institute, New and Revised ICE Agreements Met with Criticism, Aug 18, 2009,
http://axisoflogic.com/artman/publish/Article_56673.shtml.
6
Press Release, Dept. of Homeland Security, supra note 5.
7
S. 729, 111th Cong. § 1545 (2009).
8
Id.
9
Report to Governor Jon S. Corzine, The Governor’s Blue Ribbon Advisory Panel on Immigrant Policy 27-39
(2009), available at http://www.nj.gov/publicadvocate/home/immigrant_panel.html [hereinafter Governor’s Report].
10
Id. at 27.
11
Div. of Lab. Mkt. & Demographic Research, N.J. Dep’t. of Lab. & Workforce Dev., Projections 2016: New
Jersey Employment and Population in the 21st Century 8 (2008), available at
http://lwd.state.nj.us/labor/lpa/dmograph/lfproj/proj_%202016.pdf.
12
Sen-Yuan Wu, N.J. Dep’t. of Lab. & Workforce Dev., Population and Labor Force Projections for New Jersey:
2006-2025 10, 13 (2008), http://lwd.state.nj.us/labor/lpa/dmograph/lfproj/plfproj_nj.pdf.
2
As compared to the rest of the nation, New Jersey’s immigrant population is particularly
diverse. 13 Although nearly half of New Jersey’s immigrants are Latino, 14 the State’s foreignborn residents originate from nearly 100 different countries and speak more than 165
languages. 15 New Jersey’s immigrant population is similarly diverse with respect to immigration
status, education level, and socio-economic status. More than half of New Jersey’s foreign-born
residents are U.S. citizens, 16 and many are entrepreneurs and innovative leaders in business and
industry. 17 On the other hand, approximately a half million undocumented immigrants live in
New Jersey, often engaged in poorly paid, temporary labor. 18
The rich diversity that characterizes New Jersey’s immigrant population means that obstacles to
employment and housing do not affect all foreign-born residents uniformly. This report,
therefore, does not attempt to address all of the housing and employment issues affecting New
Jersey’s varied immigrant communities; instead, it aims to highlight several issues which
currently affect the civil rights of large numbers of New Jersey’s foreign-born residents.
Chapter One: Background on Labor and Workforce Issues Affecting Immigrants in
New Jersey
Foreign-born residents make significant contributions to the State’s workforce and economy. 19
Nearly 70 percent of all immigrants in New Jersey participate in the State’s labor force, a
number that is several percentage points higher than that of the native-born population. 20
Immigrants dominate the workforce in critical occupations at both ends of the earnings spectrum.
For example, immigrants account for more than 40 percent of the State’s chemists and
physicians, but also more than 40 percent of its housekeepers and maintenance workers. 21
Because earnings from immigrants account for almost one quarter of all income statewide, the
labor of foreign-born residents is an essential component of the State’s tax base, and research
suggests that immigrants have a positive impact upon the State’s fiscal health and are “integral to
New Jersey’s thriving Economy.” 22
The extent to which the benefits of working in New Jersey redound to immigrants, however,
varies greatly depending upon whether immigrants are lawfully permitted to reside and work in
13
Ira N. Gang & Anne Morrison Piehl, Eagleton Inst. of Pol., Destination, New Jersey: How Immigrants Benefit the
State Economy 7 (2008) (noting New Jersey “draws a more diverse immigrant population than the U.S”), available
at
http://www.eagleton.rutgers.edu/programs/immigration/documents/NJImmigrationReport.pdf
[hereinafter
Eagleton Report].
14
U.S. Census Bureau, American Fact Finder (2005-2007 American Community Survey),
http://factfinder.census.gov.
15
Eagleton Report, supra note 13, at 3.
16
Id.
17
Governor’s Report, supra note 9, at 28 (noting that “New Jersey is the third leading state in prevalence of
immigrant-founded, venture-backed firms, totaling six percent of all companies”).
18
Elizabeth Llorente, Working in Fear; Crackdown Shakes North Jersey Illegals, Employers, Record, Jan. 31, 2007,
at A1.
19
Governor’s Report, supra note 9, at 27-39.
20
Id. at 27.
21
Eagleton Report, supra note 9, at 3.
22
Id.
3
the United States or whether they are undocumented. New Jersey attracts a great number of
highly skilled immigrants who are able to obtain work visas for well-paid and coveted positions
in academia, as well as in the pharmaceutical, technology, and medical fields. 23 On the other
hand, New Jersey’s half million undocumented workers often work in “poor working conditions
[with] low pay and benefits and limited health and safety regulations.” 24
In recent years, federal immigration authorities, with the help of local governments, have
launched an aggressive enforcement campaign aimed at undocumented immigrants and their
employers, including charging some workers and employers with criminal offenses. 25 Indeed,
“[w]orksite enforcement arrests by ICE have increased dramatically in the past few years” with
the number of persons detained through such raids more than doubling between 2005 and
2006. 26 As noted by the Government Accountability Office (“GAO”), those conducting such
enforcement operations often disregard the constitutional and civil rights of workers. 27 Thus, for
example, workers targeted in such raids report being denied the right to contact lawyers, the
ability to communicate with their families, and the opportunity to make arrangements for young
children left without their parents.
Although undocumented immigrants are protected by wage and hour laws in New Jersey 28 as
well as by federal labor and workplace safety laws, 29 this group of immigrants is particularly
vulnerable to exploitation. The State’s Department of Labor and Workforce Development,
Division of Wage and Hour Compliance, enforces New Jersey’s labor laws, investigating
complaints of underpayment and late payment of wages, workplace conditions, and worker
misclassifications. 30 The Division “does not investigate or inquire into” the immigration status of
workers, “applies New Jersey’s labor laws without regard to a worker’s legal status,” and “does
not share information with Immigration.” 31 Nevertheless, immigrants reportedly fear that
contacting the Division or pursuing their rights through enforcement of wage and hour laws will
result in the exposure of their immigration status, resulting in severe consequences for them and
their families. Unscrupulous employers take advantage of this fear, calculating that they can pay
undocumented workers less than they are owed, or nothing at all, without suffering the
consequences. The Division considers threats by employers, to report undocumented workers to
ICE, to be a form of retaliation. 32
Day laborers, who are overwhelmingly immigrants, are particularly susceptible to employment
abuses in New Jersey. As the Report of the Governor’s Blue Ribbon Advisory Panel on
23
Id. at 8. In fact, New Jersey ranks third in the nation in its number of immigrant-founded, venture-backed firms
and is home to 37.6 percent of all companies founded by immigrants in the United States, including 7.3 percent of
all immigrant-founded engineering or technology companies. Governor’s Report, supra note 9, at 28.
24
Id. at 10.
25
Llorente, supra note 18 (“In 1999, only 24 work-site arrests resulted in criminal charges. But in 2006, more than
700 arrests carried criminal charges.”).
26
Governor’s Report, supra note 9, at 73.
27
Id.
28
N.J.S.A. 34:11-56a et seq.
29
29 U.S.C.A. § 201 et seq. (Fair Labor Standards Act).
30
Governor’s Report, supra note 9, at 30.
31
N.J. Dep’t. of Labor & Workforce Dev., Wage & Hour Compliance FAQs,
http://lwd.state.nj.us/labor/wagehour/content/wage_and_hour_compliance_faqs.html#q12.
32
Governor’s Report, supra note 9, at 33.
4
Immigrant Policy concluded in 2009, “[t]here are few in our society as economically and
otherwise vulnerable as recent immigrants to this country who toil as laborers, seek work on a
day-to-day basis and have limited English proficiency.” 33 Most day laborers seek work on an ad
hoc basis, gathering on street corners, in parking lots, or other public locations where interested
employers solicit their work. Day laborers, who primarily perform physical work as gardeners,
landscapers, painters, roofers, or drywall installers, 34 regularly suffer workplace safety and
employment abuse, including wage theft, denial of food, water and breaks while working,
workplace injuries, and harassment by merchants and police when they gather to seek work. 35
This temporary labor market is largely unregulated and is a flashpoint for local tensions. Some
residents in New Jersey have alleged that day laborers constitute a public nuisance and take
service jobs away from U.S. citizens, a sentiment that has led to a backlash against day laborers
in several municipalities. For example, Freehold Borough passed an anti-loitering ordinance
motivated by the desire to stop day laborers from seeking employment in public spaces. 36 The
ordinance provoked a lawsuit which ended with the municipality paying as much as $278,000 to
settle the matter. 37 In addition, in 2007, the then-Mayor of Morristown proposed a controversial
plan to take part in the federal 287(g) program, whereby local Morristown police officers would
be deputized to enforce federal immigration policy with the goal of “breaking up the
overcrowded houses where many day laborers live and [] stop[ping] many contractors who hire
them from coming to Morristown.” 38 The proposal, which provoked both protests and support
within Morristown, set off a local debate that mirrored similar clashes taking place in other states
over whether immigration should be addressed as a local police matter, given the consequences
for immigrant communities and the municipality at large. 39
Attempting to address the marginalization of immigrants, advocates and local leaders have
proposed the creation of worker centers where “immigrant laborers and others [can] seek gainful
employment . . . enabl[ing] the temporary labor market to function in a more equitable and
effective way, and serve an important role in integrating immigrants into the life of a
community.” 40 For example, the City of Passaic launched the first day laborer center in New
Jersey at the beginning of 2007. 41 A year after this center opened, however, the Passaic police
reportedly were still “cracking down on laborers who solicited work anywhere but at [the] citysanctioned hiring center.” 42 Those developments suggest that hiring halls are not necessarily an
33
Id. at 68.
Abel Valenzuela Jr., et al., Los Angeles Ctr. for the Study of Urban Poverty, On the Corner: Day Labor in the
United States I (2006), available at http://www.sscnet.ucla.edu/issr/csup/uploaded_files/Natl_DayLaborOn_the_Corner1.pdf.
35
Id.
36
Michele Wucker, A Safe Haven in New Haven, N.Y. Times, Apr. 15, 2007, at 14LI.
37
Id.
38
Kareem Fahim, Should Immigration Be a Police Issue? N.Y. Times, Apr. 29, 2007, at 14LI.
39
Id. (describing experiences with local enforcement of immigration law in New York, Connecticut, and Florida and
the various perspectives within those affected communities).
40
Governor’s Report, supra note 9, at 69 (quoting LaQuanda Brown & Kaitlyn Muller, Local Labor Worker
Centers (paper presented at Immigrant Policy Symposium of Student Research, Rutgers University, Camden, N.J.
(Dec. 9, 2008)).
41
John Holl, Passaic Opens Center for Day Laborers, N.Y. Times, Jan. 7, 2007, at 14NJ.
42
Paul Cox, Passaic Cops Crack Down on Day Laborers, Associated Press, Dec. 31, 2008.
34
5
easy or complete fix for addressing the needs of day laborers and the concerns of community
members.
Moreover, day laborers are not the only vulnerable temporary workers in New Jersey. Southern
New Jersey is also home to a significant number of migrant farm workers. An estimated 15,000
to 18,000 migrant farms workers contribute seasonal labor to the State’s 9,924 farms. 43 The State
heavily regulates farm labor through the New Jersey State Seasonal Farm Labor Act, Crew
Leader Registration Act and Drinking Water and Toilet Facilities Act and regulations. 44
Nevertheless, immigrants working in the agricultural sector in New Jersey often suffer unpaid
wages, the denial of minimum wage protections, and violations of farm labor housing
requirements. 45
While the critical employment and labor issues described above most frequently affect
undocumented workers, foreign-born residents who are legally working in New Jersey still
encounter wage and hour abuses, employment discrimination and other barriers to gainful
employment. For example, the Report of the Governor’s Blue Ribbon Advisory Panel on
Immigrant Policy notes that a federal pilot program known as E-Verify, operated by DHS in
conjunction with the Social Security Administration (SSA), has resulted in increased
“discrimination and profiling against legal workers and naturalized citizens.” 46 According to the
report, that program, which allows employers to electronically verify an individual’s eligibility
for employment, has been plagued by inaccurate data, with sometimes devastating effects on the
ability of otherwise eligible foreign-born citizens to work.
In addition, as a 2006 study by the Government Accountability Office has demonstrated,
employers frequently violate the rights of immigrant workers by purposefully misclassifying
them as independent contractors in an attempt to avoid state and federal taxes, wage and hour
laws, and other workplace protections. 47 When employers misclassify workers, they
impermissibly deny such workers Social Security, Unemployment, Workers Compensation and
Disability benefits. 48 Significantly, immigrant workers are disproportionately more likely to be
misclassified by employers as independent contractors than are workers who are born in the
United States. 49
43
Governor’s Report, supra note 9 at 34.
N.J.S.A. 34:9A-1 et seq.
45
Id.
46
Governor’s Report, supra note 9, at 29
47
Id. at 30.
48
Id. at 29.
49
Id. at 30.
44
6
Chapter Two: Background on Immigrants’ Access to Fair Housing in New Jersey
While a lack of affordable housing affects all New Jersey residents, for low-income immigrants
“who face language barriers” and “unfamiliarity with the systems that support access to housing”
the problem is often acute. 50 In addition to being unable to afford New Jersey’s exceptionally
high housing and rental prices, undocumented immigrants are ineligible for federal government
subsidies, such as Section 8 and public housing, which are limited to U.S. citizens and
immigrants with lawful permanent resident status. 51 Thus, less educated immigrants, who are
often employed in the low-skill service sector and lack access to credit, have limited options for
affordable housing and the “housing they do find is sometimes overcrowded and substandard in
quality.” 52
Foreign-born residents of New Jersey also confront additional, non-economic barriers to
obtaining safe and affordable housing, including “discriminatory landlord practices; antiimmigrant ordinances; [and] exclusionary zoning.” 53 The federal Fair Housing Act (“FHA”) 54
and the New Jersey Law Against Discrimination (“LAD”) 55 prohibit landlords from denying
housing to anyone on the basis of race, national origin, ancestry, or familial status. 56 In spite of
these laws, many new immigrants do not know their rights or “often fail to report housing
discrimination because they fear retaliation.” 57
The Division of Civil Rights in New Jersey’s Department of Law and Public Safety has noted
that local ordinances restricting undocumented immigrants from residing and working in
municipalities, like the illegal denial of housing by landlords and property sellers, may violate
the LAD. 58 The Division has expressed particular concern with “growing attempts to apply
governmental ordinances and practices selectively to people of particular races and
nationalities.” 59 For example, in 2006, Riverside, New Jersey, passed an ordinance designed in
part to penalize landlords who rented to undocumented immigrants. 60 The ordinance was finally
50
Id. at 69.
Id.
52
Id. at 70.
53
Id. (quoting Kristina Smith & Alison Whittenberg, Immigrants and Affordable Housing (paper presented at
Immigrant Policy Symposium of Student Research, Rutgers University, Camden, N.J. (Dec. 9, 2008)).
54
42 U.S.C.A. § 3601 et seq.
55
N.J.S.A. 10:5-1 et seq.
56
See Rigel C. Oliveri, Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances,
and Housing Discrimination, 62 VAND. L. REV. 55, 57 (2009) (arguing that ordinances that require landlords to
discriminate against tenants on the basis of immigration status are likely to lead to “discriminating based on accent,
surname, appearance, or other ethnic markers” in violation of the Fair Housing Act); Kristina M. Campbell, Local
Illegal Immigration Relief Act Ordinances: A Legal, Policy, and Litigation Analysis, 84 DENV. U. L. REV. 1041,
1052 (2007) (“[L]ocal ordinances prohibiting the rental of property to undocumented persons will lead to landlords
turning away United States citizens and legal permanent residents whom they believe may be illegally present
merely because of their race, color, or national origin in violation of the Fair Housing Act.”).
57
HUD Meets with Chinese Media to Talk About Fair Housing, Fair Housing News (Dep’t. of Housing and Urban
Dev., Washington D.C.), Fall 2006, available at http://www.hud.gov/offices/fheo/library/newsletter-fall06.pdf.
58
Div. of Civil Rights, N.J. Dep’t. of Law & Pub. Safety, New Jersey Fair Housing Report, Housing Discrimination
Enforcement and Initiatives in 2007 11 (2007), available at http://www.nj.gov/lps/dcr/downloads/Fair-HousingReport-2007.pdf.
59
Id.
60
Maya Rao, In N.J., a Fight for Immigration Changes, Philadelphia Inquirer, Nov. 30, 2009, at B1.
51
7
rescinded after a costly court battle. Then, in 2008, another novel attempt to restrict the rights of
immigrants to obtain housing was the subject of litigation in New Jersey. The Immigration
Reform Law Institute filed a lawsuit against a Plainfield-based properties company, claiming that
the company violated federal racketeering laws by renting apartments to undocumented
immigrants. 61 According to the plaintiffs, the landlord “allow[ed] so many undocumented
tenants to live in its buildings that it should be considered a criminal enterprise” that illegally
harbored undocumented persons and encouraged illegal immigration. 62 On April 8, 2009, a
federal judge in New Jersey dismissed the racketeering claim, concluding that the plaintiffs
failed to plead sufficient facts to prove the necessary elements of such a claim. The case
nevertheless illustrates the extent to which neutral laws that have no connection with
immigration may be manipulated to exclude immigrants from living and working in particular
communities.
These efforts can extend even to immigrants with lawful immigration status. In 2007,
Woodbridge Township launched a stepped-up inspection effort to punish local housing code
violations, an initiative seemingly targeted at immigrants. 63 The town’s efforts to increase the
number of citations for illegal subdivisions and overcrowding not only affected homes shared by
Latino day laborers, but also “middle-class Indians who rent rooms or parts of rooms to Indian
students, technology workers” and other newcomers to the United States. 64
In sum, while New Jersey’s large immigrant population enhances the State’s cultural diversity
and contributes to the State’s economy, many immigrants nevertheless face considerable barriers
to fair treatment with respect to employment and housing. The Report of the Governor’s Blue
Ribbon Advisory Panel on Immigrant Policy demonstrates that while many individuals and
institutions in New Jersey are committed to respecting the civil rights of foreign-born residents,
that commitment will undoubtedly be tested on a state and local level as “[i]mmigrants continue
to contribute their talent, creativity, and labor to New Jersey’s economy.” 65
Chapter Three: Summary of Presentations to the New Jersey State Advisory Committee on
May 8, 2009, Trenton, New Jersey
Panel One: State and Local Enforcement of Immigration Laws
Ronald K. Chen, Former New Jersey Public Advocate (2006-2010)
The Public Advocate, Ronald K. Chen, spoke about state and local enforcement of immigration
law. Mr. Chen began by noting the March 2009 release of the Report of the Governor’s Blue
Ribbon Advisory Panel on Immigrant Policy, a panel which was chaired by Mr. Chen. He noted
61
Associated Press, Group Wields Racketeering Law Against Landlords to Combat Illegal Immigration, N.Y.
Times, Jun. 22, 2008, at A26.
62
Id.
63
Kareem Fahim, Housing Crackdown Hits Indian Immigrants, N.Y. Times, Aug. 6, 2007, at B1.
64
Id.
65
Nicholas V. Montalot, Ph.D, Nat’l. Immigration Forum & N.J. Immigration Policy Network, Out of the Many
One: Integrating Immigrants in New Jersey, (2006), available at
http://demo.njipn.com/downloads/Out%20of%20the%20Many%20One.pdf.
8
that the panel discovered that municipal law enforcement personnel—serving both rural and
urban municipalities—overwhelmingly believe that local enforcement of federal immigration
law is misguided because it interferes “with their primary obligations of maintaining the safety
and welfare of the community,” and discourages “the immigrant community from cooperating
with the police.” Mr. Chen reported that during the panel’s investigation, he did not recall
speaking with a single police chief who desired a role in the enforcement of federal immigration
law. He also learned that federal immigration officers feel similarly, preferring that local officials
simply refer cases to ICE when they have a concern that there is an immigration issue, rather
than having to train local law enforcement officials in federal immigration law.
Mr. Chen also addressed the experience of Riverside, New Jersey in passing an ordinance in
2006 that penalized employers and landlords for renting to or hiring undocumented immigrants.
He noted that the lesson learned from Riverside’s experience is that it is “really not practical . . .
for every municipality to try to have its own immigration policy” or for “the State of New Jersey
to have its own immigration policy.” Riverside’s attempt to discourage immigrants from locating
to the municipality resulted in a significant drop of income for the town and a host of related
challenges. Mr. Chen therefore recommended that municipalities adopt neutral methods of
addressing such issues as overcrowding and zoning without interfering with the federal
government’s plenary authority over questions regarding who is lawfully permitted to be in the
United States and who is not.
Deborah Jacobs, Executive Director, ACLU of New Jersey
Addressing the lack of success of the 287(g) program, Ms. Jacobs noted a January 2009 report
issued by the Government Accountability Office, 66 which found that the program had no clearly
stated objectives and was marked by a lack of supervision, misuse of authority, and racial
profiling. According to Ms. Jacobs, the report noted widespread concerns that use of the program
leads to racial profiling and intimidation by law enforcement officials. Based on the ACLU’s
experience challenging racial profiling in New Jersey, Ms. Jacobs noted “there is a lot of
evidence to suggest that if the culture allows for special scrutiny of immigrants, then you will
have unintended consequences that relate to racial profiling.” Ms. Jacobs’s testimony also
focused on the ways in which the 287(g) program is ineffective at stopping or reducing crime.
Specifically, she noted that 287(g) is often employed in areas in which crime rates are high, so
that there is a misdirection of resources from the traditional, much-needed work of law
enforcement to complex matters involving immigration law for which local law enforcement
officials are ill-equipped and inadequately trained. Ms. Jacobs further noted that local
enforcement of immigration law poses significant consequences for crime victims, particularly
victims of domestic violence, who resist reporting crimes out of fear that they will face
deportation. Noting that the International Association of Chiefs of Police does not support
287(g), Ms. Jacobs cited evidence from the Association indicating that undocumented
immigrants already tend to be reticent to report crimes to the police, such that local 287(g)
participation will likely discourage this group even further from reporting crimes, making
immigrants easy victims for criminals.
66
U.S. Gov’t. Accountability Office, Publ'n No. GAO-09-109, Immigration Enforcement, Better Controls Needed
over Program Authorizing State and Local Enforcement of Federal Immigration Laws (2009), available at
http://www.gao.gov/new.items/d09109.pdf.
9
In addition, Ms. Jacobs identified two other emerging civil rights issues affecting immigrants
that she suggested should be addressed through legislation or regulation. She noted that the State
should provide immigrants with language services so that they can access essential government
resources to which they are entitled. She further noted that where and how day laborers may
gather and be deployed, and whether they are being paid acceptable wages are growing problems
that need to be addressed.
Donald Cresitello, former Mayor of Morristown (2006 through 2009), Statement for the
Record
Mr. Cresitello, an advocate of municipal involvement in the enforcement of immigration laws,
agreed to participate in this panel, but did not appear. He did, however, submit a copy of the
letter he sent to then-United States Attorney Christopher Christie on August 16, 2007, expressing
his interest in collaborating with the U.S. Attorney’s Office, along with ICE and possibly the
FBI, to “establish a task force to investigate, detect, and deter violations of federal immigration
law by employers in the Town of Morristown.” In his letter, Mr. Cresitello noted that he had
also made a separate request to ICE on behalf of Morristown to participate in the 287(g)
program. That request was later approved and eventually finalized on Mr. Cresitello’s last day in
office in December 2009. 67 Although Mr. Cresitello signed and delivered a document to ICE that
finalized the town’s participation in the federal program, the new Mayor of Morristown, Tim
Dougherty, opposes the 287(g) program and has said that he will not implement the agreement. 68
As set forth in his letter to then-U.S. Attorney Christie, Mr. Cresitello believed that local law
enforcement can play a vital role in reducing illegal immigration. Although Mr. Cresitello
acknowledged “that many undocumented workers are good people seeking income for their
families” he expressed concern “that their unlawful presence attracts the criminal illegal aliens
who prey upon them and the lawful residents of Morristown.” Mr. Cresitello is not alone in his
belief that 287(g) can “help treat the symptoms of this problem by focusing on the criminal
aliens.” As noted, by fall of 2009, approximately 70 states and localities had also entered into
287(g) agreements with ICE or had reached tentative agreements that were pending local
approval.
Panel Two: Housing and Employment Discrimination
Jill Rottman, Executive Director, Covenant House
Ms. Rottman spoke about the confluence of housing and employment barriers for homeless
immigrant youth in New Jersey. She reported that thirty percent of the young people who are
homeless in New Jersey have “aged out” of the foster care system while others ended up on the
streets after being trafficked to the United States and escaping from their captors. According to
Ms. Rottman, a lack of lawful immigration status exacerbates the challenges faced by homeless
youth in seeking housing, employment, and stability because undocumented youth are unable to
67
Tanya Drobness, Outgoing Mayor Enrolls Morristown into Immigration Program to Deputize Officers, StarLedger (Dec. 30, 2009) available at
http://www.nj.com/news/index.ssf/2009/12/outgoing_mayor_enrolls_morrist.html.
68
Id.
10
lawfully work and are ineligible for public housing. Ms. Rottman noted that the economic
recession has posed particular problems for immigrant youth who, in addition to lacking both a
connection to the community and English language skills, now face even greater competition for
low-skill jobs and housing.
Joseph Young, Director, Disability Rights New Jersey
Mr. Young spoke about the civil rights challenges faced by immigrants with disabilities in New
Jersey, noting that undocumented immigrants are often subjected to overextended stays in
psychiatric hospitals due to cultural miscommunication and a lack of effective bilingual
treatment. Mr. Young noted that misinformation about how immigration status affects persons
with disabilities is also a significant problem, describing instances in which hospitals wrongly
informed immigrants with serious injuries that they were not entitled to any health services. He
also pointed to the disproportionately low numbers of immigrant families who are able to access
needed health services, even for U.S. citizen-children. He explained that families of children who
are entitled to such services may refrain from obtaining needed services because of fears of
jeopardizing the parents’ residency. Finally, he noted that the challenges faced by immigrants
when seeking housing and employment are even greater for disabled immigrants, who may face
additional discrimination and be unfamiliar with their rights as both immigrants and persons with
disabilities.
Kenneth H. Zimmerman, Chair, Lowenstein Center for the Public Interest
Mr. Zimmerman spoke about the critical impact of the housing and foreclosure crisis on minority
populations, in particular Latinos, and the need to address the crisis at the state and federal level.
Mr. Zimmerman noted that Latinos as a group confront what is referred to as a “thin credit file,”
meaning that they lack a credit history that enables them to borrow in order to obtain a home and
frequently do not have a basic checking or savings account. As a result, Latino homebuyers have
been steered into high-cost, sub-prime loans at a rate far greater than white homebuyers. Mr.
Zimmerman noted that borrowers of color are approximately “30 percent more likely to receive
higher cost loans than similarly risky white borrowers.” Mr. Zimmerman also cited evidence
that Latino borrowers are more likely than their white counterparts to face foreclosure. Mr.
Zimmerman discussed a number of specific recommendations being debated on the federal level
that would address some of these issues, by, for example, codifying and extending the Federal
Reserve Bank’s current prohibition on unfair practices and high-priced loans, implementing the
SAFE Act, 69 which would regulate mortgage brokers, providing for greater coordination
between law enforcement and bank regulatory agencies across all spectrums to address the rise
of foreclosure rescue scams, and requiring better data collection with respect to unfair lending
and refinancing practices.
69
The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (“SAFE Act”) was enacted into law on
July 30, 2008 as Title V of the Housing and Economic Recovery Act of 2008, Pub. L. 110-289, Div. A, 122 Stat.
2810 (2008). Since the testimony of Mr. Zimmerman at the May 8, 2009 hearing, the Department of Housing and
Urban Development has proposed a rule implementing the SAFE Act. See SAFE Mortgage Licensing Act: HUD
Responsibilities Under the SAFE Act, 74 Fed. Reg. 66,548 (Dec. 15, 2009) (to be codified at 24 C.F.R. pt. 30 and
3400).
11
Mr. Zimmerman also addressed exclusionary zoning and housing practices, noting that targeted
code and zoning enforcement disproportionately affects minority and immigrant populations.
Acknowledging that health and safety are legitimate concerns to be addressed through zoning
and code enforcement, Mr. Zimmerman nevertheless noted that the use of these measures to
inappropriately discourage growing immigrant and Latino population from living in certain
communities requires more robust civil rights enforcement by the U.S. Department of Justice and
the Attorney General’s office. Specifically, Mr. Zimmerman recommended reinvigorated
enforcement of the federal Fair Housing Act and New Jersey’s Law Against Discrimination, as
well as a concerted effort to educate local communities regarding the rights of immigrants to fair
housing and employment.
Frank Tinari, Professor Emeritus of Economics, Seton Hall University
Professor Tinari offered a different perspective on issues of housing discrimination faced by
immigrants, discussing, in particular, the advantages and disadvantages of immigrants living
together in ethnic enclaves. Professor Tinari suggested that a disadvantage of immigrants living
together in tightly-knit communities is that immigrants rely solely upon one another for civic and
cultural information, and are therefore not exposed to the larger community of New Jersey. But
the professor also noted an important advantage that flows from the strong social support that
immigrants draw from one another when they live closely together in ethnic communities. He
explained that affordable housing legislation arguably discounts this benefit by encouraging
immigrants to move into the suburbs, potentially disrupting the benefits of living in urban,
tightly-knit ethnic communities. While Professor Tinari agreed that discriminatory housing and
zoning policies often inappropriately hinder the ability of immigrants to move to areas of
opportunity, he posited that perhaps the State should seek to preserve the benefits of tightly-knit
immigrant communities while still exposing immigrants to a full range of opportunities through
transportation services between urban and suburban areas. Professor Tinari questioned whether
housing codes should be relaxed, particularly those regulating the number of individuals living
together, so as not to impose middle-class standards on immigrant families trying to save to
improve their family’s future.
With respect to whether additional laws would be needed to help address employment and
housing barriers facing immigrants, Professor Tinari noted that some of those issues may not be
readily fixed through legal reforms. As an example, he suggested that legislative reforms would
likely not assist immigrant families in obtaining a house or auto loan when they do not have a
credit record, such that more creative solutions might be needed.
Carmen Martino, Co-Director, Rutgers Occupational Training and Education Consortium
Mr. Martino addressed the experience of immigrants in New Jersey employed by low-wage
temporary work agencies. Mr. Martino noted that these working arrangements are often ripe for
abuse because the terms of employment, including the work to be performed, the rate of pay, and
length of employment are frequently not in writing. Additionally, Mr. Martino noted that
employers create a market for temporary employment agencies “to provide them with cheap,
disposable labor” with maximum flexibility and minimum responsibility for employees’ wellbeing or training. Mr. Martino also faulted the government for failing to regulate the temporary
12
employment industry with respect to wages, hours, health, safety, and unemployment
compensation in the same manner as other forms of employment. He noted that such agencies
have the freedom to operate like employment agencies, unencumbered by regulations. 70
In describing employment abuses, Mr. Martino noted that such agencies typically compensate
temporary workers by issuing a separate check for each assignment. According to Mr. Martino,
that means that while workers often work more than 40 hours a week, they never are paid
overtime. In addition, Mr. Martino noted that temporary workers are vulnerable to added costs
and financial exploitation because of their vulnerable positions. He explained, for example, that
immigrant temporary workers often have no choice but to pay extra amounts to the agency to
cash their paychecks at the agency’s offices because many immigrant workers do not have bank
accounts that would enable them to cash their checks elsewhere. He further noted that temporary
agencies take advantage of the fact that immigrant workers are unable to obtain drivers’ licenses,
and thus have to rely on the agency to transport them to work at warehouses in central New
Jersey. Such agencies typically deduct additional fees for travel to and from these places of
employment, which travel often occurs in overcrowded, unsafe vans. Mr. Martino further
described how safety is a particular concern for temporary workers. Whether unloading trucks,
filling pallets, digging ditches, or cleaning bathrooms, temporary workers are often not provided
with any training or instructions and frequently work with hazardous materials or in dangerous
conditions. When workers are injured, he explained, they do not receive compensation for the
time they are out of work, whether or not the agency has paid its workers’ compensation
insurance. Temporary workers are also vulnerable to abuse and exploitation because they often
do not know their rights under state law.
To begin to address the exploitation of temporary workers, Mr. Martino proposed greater
organization of workers’ unions and hiring halls similar to the ones common during the 1930s
and 1940s. According to Mr. Martino, if the source of the workforce were the hiring hall rather
than the temporary employment agency, workers would be better able to negotiate such terms as
hourly rates of pay and conditions of employment. Mr. Martino acknowledged that organizing
temporary workers is very difficult in warehouses in particular because the facilities often
operate through a tiered series of contract agencies. Finally, to better regulate employer conduct,
he stressed the need for more effective enforcement of the law, including licensing laws
governing temporary employment agencies.
70
This should not be the case, since at least some temporary employment agencies appear to be subject to the
Employment and Personnel Services Act, N.J.S.A. 34:8-43 to -66. That law extensively regulates employment
agencies, by prohibiting certain unfair employment practices, requiring employment agreements to be in writing,
and providing penalties for agency misconduct. See N.J.S.A. 34:8-51 (obligations of agencies); 34:8-52 (prohibited
acts). While that law specifically exempts “temporary help service firm[s]” which do not “[c]harge a fee or
liquidated charge to any individual employed by the firm or in connection with employment by the firm,” N.J.S.A.
34:8-46h(1), that exemption does not appear to apply to the agencies discussed by Mr. Martino who take a fee off
the top of the hourly rate.
13
Panel Three: The Immigrant Experience
Nelson Carrasquillo, Comite De Apoyo A Los Trabajadores Agricolas / Farmworkers
Support Committee
Mr. Carrasquillo, the leader of Los Trabajadores, a membership-driven organization of largely
undocumented migrant farm workers in New Jersey, Pennsylvania, and Maryland, focused on
the experience of immigrant farm workers. He noted that farm workers often come to this
country because they are unable to make a living in their home countries and are required to
work extremely long hours so that they can send money back home to their families. He noted
that such workers are willing to do whatever they can to survive and help their families.
According to Mr. Carrasquillo, employers often take advantage of this desperation and resiliency
by paying them less than they would pay non-immigrants and by cutting corners on workplace
safety. Mr. Carrasquillo cited pesticide exposure and unsafe transportation as two key safety
issues confronting farm workers. While laws govern the conditions and work of farmworkers in
New Jersey, Mr. Carrasquillo noted that, in practice, the interests of migrant farmworkers are
insufficiently protected.
Shai Goldstein, Executive Director, New Jersey Immigration Policy Network
Mr. Goldstein spoke about the massive underreporting of employment discrimination against
immigrants, which he suggested will never be addressed until there is comprehensive
immigration reform at the federal level. Mr. Goldstein suggested that only by bringing 12 million
undocumented people out of the shadows, ensuring in-state tuition for immigrant students,
passing the DREAM Act, and ensuring fair access to employment and housing, will American
democracy and the economy continue to thrive. Mr. Goldstein specifically recommended that the
Commission endorse the DREAM Act, which would provide citizenship to deserving individuals
who otherwise have no ability to obtain lawful status. He noted that allowing the 12 million
undocumented persons in the United States to contribute their entrepreneurial spirit to the
advancement of the nation would help change perceptions of immigration and be less expensive
then focusing on a detention regime.
Willie Campoverde, Laborer
Mr. Campoverde, a laborer, reported that he came to the United States eight years ago to earn
money to send back home to his family so that his children could attend college in his home
country. He described how not knowing the language was the biggest barrier he faced when he
arrived, but that he was proud to work ten hour days, knowing that he was helping his family.
Mr. Campoverde also described how two-and-half years ago he suffered an accident while
employed as a temporary worker. He fell from a third-story building and lost consciousness. The
persons who took him to work that day left him there for dead. Witnesses to the accident called
emergency services, and he woke up in the hospital. Mr. Campoverde called his employer
several times after his accident, but the employer never took his calls. He was not paid for the
week that he worked before the accident and the employer confiscated tools that Mr.
Campoverde had purchased himself. Mr. Campoverde noted that his story is common to many
laborers in New Jersey who regularly wait for temporary employment on street corners, not
14
knowing whether their employer will be fair to them that day or even pay them for the hours that
they work. He described how a friend provided an employer with documents so that he could file
his taxes. After the friend worked, the employer refused to pay him and refused to return his
documents. Mr. Campoverde opined that he and others who have suffered similar experiences
are taken advantage of because they are Latinos.
Mr. Campoverde described his belief that the hard work of immigrant laborers will help move
the United States out of the current economic recession because of the willingness of these
workers to undertake whatever labor is necessary, irrespective of its difficulty and without regard
to the elements. He expressed regret that in spite of the fact that he and other workers are willing
to work, they still face discrimination in the United States.
Amy Gottlieb, Director, Immigrant Rights Program, American Friends Service Committee
Ms. Gottlieb addressed conditions for asylum seekers and others subjected to immigration
detention in New Jersey. New Jersey is home to one of the largest immigration detention
facilities in the country. The Elizabeth Detention Center, a 300-bed facility, opened in 1997 after
IIRIRA made the detention of arriving asylum seekers mandatory. Ms. Gottlieb noted that
because of the surge in detainees resulting from IIRIRA’s detention regime, private prison
companies have reaped enormous financial gains from contracts with the federal government.
With respect to detention conditions, Ms. Gottlieb noted that although the Elizabeth Detention
Center houses asylum seekers who have not been convicted of any crimes, in form and practice it
functions as a prison. It has no windows or outdoor space, provides absolutely no privacy in
dorms and even bathrooms, and only allows for non-contact family member visitation behind
plexiglass. She noted that while all detention facilities are governed by ICE detention standards,
those standards are only non-binding policy recommendations. (See letter from Steven Owen,
Director, Communications, Corrections Corporation of American, at Appendix A.)
An estimated 80 individuals nationwide have died in detention since 2003, a number of them
because of inadequate medical care while detained. She noted that six county jails in New Jersey
have contracts with ICE to house detainees. There have been deaths at the Bergen, Middlesex,
and Monmouth County Jails. She attributed this to the lack of accountability with respect to
detention health care. Ms. Gottlieb explained that the U.S. Public Health Service provides health
services to immigrants in detention. However, there are no full-time health care providers on
staff, such that guards who have no medical training or expertise typically make critical
decisions about when someone is sick enough to be taken to the hospital. (See letters from Leo P.
McGuire, Sheriff, Bergen County Sheriff Appendix B; Captain Thomas Fatigante, Monmouth
County Sheriff’s Office, Appendix C; Eric M Aronowitz, Esq., First Deputy County Counsel,
County of Middlesex, Appendix D.)
Ms. Gottlieb testified that while asylum seekers may, by law, be paroled into the community to
stay with a family member, community representative, or church group, since 1997 New Jersey
has had the lowest rate of parole of any state. For those who are paroled, Ms. Gottlieb noted that
they still face a crisis in support services and therefore face great difficulty in obtaining Social
Security cards, work permits, counseling services, and housing. Ms. Gottlieb also noted that
asylum seekers are in many ways treated as criminals. They are detained, shackled, and treated
15
as if they have been convicted of crimes. Furthermore, because immigration proceedings are
actually civil in nature, immigrants seeking protection are not protected by basic criminal
procedure protections, including the right to counsel. She noted that because most pro bono
counsel are funded through philanthropy or private donations, such funding has been reduced or
jeopardized by the recent financial downturn, and the opportunities for immigrants to obtain
counsel are therefore increasingly scarce.
Ms. Gottlieb recommended that, in improving conditions for asylum seekers, reform efforts
should focus on alternatives to detention, providing counsel to immigrants, creating transitional
housing programs, and facilitating greater support services upon release. Ms. Gottlieb
recommended that meaningful relief be made available through immigration proceedings so that
valuable public resources are not expended on detaining individuals in private or county jails.
She also noted that enacting binding detention standards and improving oversight and
accountability over immigration detention are critically important in light of the growing
numbers of deaths and serious untreated illnesses or injuries suffered by immigrants in detention.
She stressed the importance of providing services to immigrant detainees at New Jersey’s county
jails, noting that providing detainees kitchen work or other activities or services that are provided
to criminal detainees is essential to detainees’ well-being.
Marlene Lao-Collins, Director of Social Concerns, New Jersey Catholic Conference
Ms. Lao-Collins reported on the high cost of housing in New Jersey and its disproportionate
impact on immigrant workers. Ms. Lao-Collins noted that although the National Low Income
Housing Coalition calculates a housing wage of $23.12 per hour which would allow the average
person to pay 30 percent of their wages toward housing and then still afford food, clothing, and
medicine, the vast majority of immigrants in New Jersey earn only about $7.15 an hour.
According to Ms. Lao-Collins, that means that in order for immigrants to be able to afford an
apartment in New Jersey, at least three individuals must combine their income. She opined that
the high cost of housing has led to overcrowding in certain neighborhoods and has polarized
communities, leading to anti-immigrant practices by landlords. In some towns, Ms. Lao-Collins
noted, landlords require tenants to provide Social Security numbers, visas and/or birth
certificates to obtain housing in order to restrict access to housing to legal residents or citizens.
Ms. Lao-Collins also noted that many landlords violate rent-control ordinances when renting to
immigrants, taking advantage of the fact that immigrants may not know the law and that many
are unlikely to report violations because of their fear of the repercussions. Landlords also
frequently threaten to report undocumented immigrants to federal immigration authorities as a
means of intimidating tenants not to speak up about housing violations. In Ms. Lao-Collins’s
view, remedying the housing problems facing immigrants in New Jersey would be best be
achieved by increased investigation and enforcement of fair housing law.
Patricia Fernandez-Kelly, Ph.D., Chair, Latin American Legal Defense and Education
Fund
Dr. Fernandez-Kelly urged the Commission to disabuse the public of what she believed was a
misconception, fueled by radio and television commentators, that immigration results in crime.
She stated that the vast majority of immigrants who come to this country simply seek better
16
opportunities for their families, and particularly for their children. She noted that when society
reacts with hostility to an influx of immigrants, the result is the creation of a disenfranchised,
disaffected population, particularly in the succeeding generation. Dr. Fernandez-Kelly argued
that immigrants are suffering, citing the separation of families through deportation, the treatment
of immigrants as criminals, and the impact of all of the above on children. She noted that when a
family is destroyed by separation through failed immigration polices, children suffer irreparably,
and that if measures are not taken to correct this in the future, the United States will experience a
new class of disaffected children, many of whom are American citizens.
Dr. Fernandez-Kelly noted that the Latin American Legal Defense and Education Fund
encourages the Commission to support immigration reform, by actively and decisively
supporting educational and health-related rights for the children of immigrants, an increase in
access to medical service, and in-state tuition for qualified immigrant children. She noted that
colleges and universities in New Jersey should be encouraged to extend in-state tuition to
immigrant children without waiting for legislation to be enacted. Dr. Fernandez-Kelly noted that
she strongly believes that the U.S. Commission on Civil Rights can serve an important role with
respect to immigration reform by engaging in an educational campaign that focuses on reshaping
the public debate. She noted that the Commission could emphasize that immigrants come here as
workers, not criminals, and that statistics support the conclusion that crime rates are
extraordinarily low for first-generation immigrants, that the workforce benefits immensely by the
contribution of immigrant workers, and that providing access to education and property rights
enables immigrants to contribute to the growth and progress of the nation.
Marisol Conde-Hernandez, Advocate
Ms. Conde-Hernandez spoke about the problems confronting children and young adults who
came to the United States as children and who, though they feel American in every sense, are not
citizens of the United States by birth and are not able to obtain legal status. Ms. CondeHernandez explained that she cannot legalize her status because when she was a toddler her
parents entered the United States from Mexico without inspection. Thus, even if she had a
member of her family or an employer eligible to sponsor her for legal immigration status, she is
barred from doing so because of the period of her unlawful presence in the United States. Ms.
Conde-Hernandez noted that she and others in her position are, accordingly, left in a perpetual
state of instability. She noted statistics by the Pew Center from May 2009 indicating that there
are approximately four million U.S.-born children living with undocumented parents in the
United States and an additional 1.5 million children who are undocumented themselves. 71
Noting that one out of every three children of undocumented parents lives in poverty, Ms.
Conde-Hernandez noted that the cycle of poverty is even harder for undocumented youth to
overcome. Though Ms. Conde-Herandez, an undergraduate sociology major at Rutgers
University, lives in New Jersey, she noted that she pays out-of-state tuition for her education:
$632 per credit hour, while other New Jersey residents pay $299. And like other undocumented
immigrants, Ms. Conde-Hernandez has no ability to obtain financial aid or scholarships. She
recommended the adoption of the DREAM Act at the federal level and that in-state tuition be
71
See Jeffrey S. Passel & D'Vera Cohn, Pew Research Center, A Portrait of Unauthorized Immigrants in the United
States (2009), http://pewresearch.org/pubs/1190/portrait-unauthorized-immigrants-states.
17
afforded to undocumented students in New Jersey, noting that New Jersey has the fifth highest
undocumented population among the states, but is the only one of those top five states that does
not provide in-state tuition to non-citizens.
Open Session: Statements from the Public
Diane Mejia, representing American Friends Service Committee, spoke about the impact of the
287(g) program on the immigrant community in Morristown. She noted that before the town
expressed an interest in enforcing federal immigration law, the immigrant community had a good
relationship with the police. She noted, however, that now immigrants are so afraid of the police
that they avoid reporting crimes or seeking protection, which undermines the safety of the entire
community.
Brother John Skrodinsky, Director of Migrant Ministry, Roman Catholic Diocese of Paterson,
noted that undocumented immigrants’ fear of reporting abuses is a major obstacle to ending the
exploitation of undocumented workers. He noted that in the employment context, this results in
employers denying immigrants fair wages and overtime pay, while in the housing context it often
leads to wrongfully retained security deposits, inappropriately high rents, and overcrowding.
Brother Skrodinsky also spoke about the fear that accompanies the failure to provide drivers’
licenses to undocumented immigrants—the idea that society would be rewarding individuals
who broke the law. Brother Skrodinsky urged the State to reject that fear and to instead focus on
the benefits to the State that could be obtained from providing immigrants with drivers’ licenses,
including an increase in insurance revenues, registration, and mobility. He also recommended
that in focusing on greater enforcement of existing housing and employment laws to protect
immigrants, the Department of Labor and community organizations must do more to educate
employees about their rights in order to increase the reporting of violations.
Sebastian Londono, a graduate of Morristown High School, spoke about his personal
experience as an immigrant coming to the United States at the age of nine, doing well in school
both academically and athletically, scoring a 1700 on his SATs, but lacking any opportunity to
pursue college. Mr. Londono explained that though many schools were interested in having him
enroll, he cannot now pursue a college education because he lacks valid immigration status, and
therefore is ineligible for scholarships and loans that would enable him to pursue his education.
Mr. Londono urged the Committee to support the DREAM Act.
Melissa Avila, a high school student from Morristown, likewise noted that many of her friends
cannot continue their education because they lack immigration status. Ms. Avila and her friends
started a support and outreach group through a community resource center, known as Wind of
the Spirit, in Morristown, to bring attention to the DREAM Act and the problems associated with
the 287(g) program.
Kiera Lopez, a student from Morristown High School, also discussed her frustration with
knowing that so many of her intelligent and talented friends cannot pursue their dreams of
becoming dentists, pharmacists, and doctors because of their immigration status.
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Harry Perryman, President of the Irvington Rotary Club, noted that as a substitute teacher in
the Newark Public School System, he was consistently impressed with the ability, character, and
manners of the immigrant students in his classes. He noted that by not allowing immigrant
students to further their education, the State is squandering precious talent and losing out on a
source of great economic stimulus. He opined that the nation must stop seeing immigrants as a
threat, and instead view them as an asset.
Chapter Four: Findings and Recommendations
The Committee believes that the exploitation, abuse, and marginalization of millions of
undocumented persons and other immigrants living within the United States—whose labor helps
fuel the American economy—are likely to continue unless Congress addresses the underlying
status of foreign-born residents that renders them vulnerable to exploitation and that allows fear
to accompany any effort to remedy violations of their rights. While not all immigrants are
exploited or suffer unfair treatment, too many do not demand fair treatment by employers or
landlords because they fear that they will be detained, separated from their families, deported,
and unable to send money to loved ones dependent upon them in their home countries.
Furthermore, far too many employers, landlords, and others in New Jersey and likely elsewhere
have exploited undocumented persons, mistreated them, or attempted to exclude immigrants
from living in their community, all because they believe that individuals who lack lawful
immigration status are not entitled to the same basic civil rights as others. For these reasons, the
Committee believes that Congress must enact comprehensive immigration reform in order to end
the marginalization of the millions of undocumented persons living within the United States,
including the nearly half million individuals living and contributing to the economy of New
Jersey.
The Committee believes that comprehensive immigration reform is an essential step in
guaranteeing the civil rights of immigrants living within the United States in general and New
Jersey in particular. The Committee therefore concludes that federal, state and local authorities
here and elsewhere should consider a number of critical actions in the interim to guarantee the
civil rights of undocumented immigrants living in the United States.
Based on the record that has now been developed, the New Jersey State Advisory Committee
offers the following Findings and Recommendations addressed to enhancing greater awareness
of and accountability for housing and employment violations, and the need for corresponding
policy development, legislation, data collection, training and education, all of which it believes
federal, state and local officials should undertake in order to protect and promote the civil rights
of foreign-born residents of this and other states.
Finding 1: Underenforcement of Employment and Labor Violations
Enforcement of existing labor and workplace safety laws is an essential first step in protecting
the basic rights of immigrants. The Committee heard from a number of experts and stakeholders
who agreed that violations of immigrant workers’ rights does not reflect an absence of applicable
laws or regulations; rather, the problem is one of enforcement. The Committee also learned that
19
there are certain industries in New Jersey in which employees are particularly vulnerable to
abuse and fair labor violations, including the temporary labor and farming sectors. To ensure that
existing labor and workplace safety laws, which apply to all workers, reach some of the most
vulnerable, government officials at all levels must implement strategies to ensure that extant law
has its intended reach and effect, including the allocation of adequate personnel and other
resources for outreach, education, investigation and enforcement functions.
Recommendation 1: Adopt Fair Labor Enforcement Plan of Action
Federal labor agencies, as well as state agencies such as the New Jersey Department of Labor
and Workforce Development (“LWD”) must work to ensure that fair labor standards and worker
protection laws are enforced for all immigrant workers within their respective jurisdictions.
Because the record reveals that certain industries have particularly high rates of non-compliance
with labor and workplace safety laws, such as the farm labor and temporary worker industries,
the Committee recommends that enforcement efforts be targeted at those industries.
Specifically, the Committee recommends federal and state agencies adopt a plan of action that
makes the investigation of employers in industries with high rates of non-compliance a high
priority and includes an education and outreach effort aimed at educating employers in those
industries about fair labor and workplace safety obligations. Agencies, including the LWD,
should remind employers that wage and hour laws apply to all covered workers and that
employers are required to pay temporary disability benefits for workers, including undocumented
workers. In adopting a plan of action to improve enforcement of existing fair labor law, such
agencies should consider:
ƒ Partnerships with local community organizations and legal service organizations to
improve representation of victims of fair labor violations;
ƒ Public service announcements targeting employers;
ƒ Creation of a task-force to address labor and workplace safety violations affecting
immigrants.
Finding 2: Underreporting of Employment and Labor Violations
The Committee heard from a number of advocates and immigrant workers themselves who
testified that violations of immigrant worker rights frequently occur with impunity because
victims are hesitant to report unscrupulous employers to the authorities or are scared to pursue
remedies for violations of their rights. The Committee learned that while the LWD has a policy
of not reporting undocumented workers who complain of labor violations to the immigration
authorities, many workers, nevertheless, do not know their rights or remain too fearful to seek
help. Greater reporting of employment and labor violations by immigrant workers is thus a
necessary precursor to more rigorous enforcement of labor laws in New Jersey and elsewhere.
Recommendation 2: Outreach and Education Targeting Immigrant Workers
To encourage greater reporting of fair labor and workplace safety violations, authorities must
work to instill greater trust and confidence among immigrant workers. In this regard, the
Committee recommends greater consideration of, and perhaps more widespread adoption of,
reforms like the policy of the LWD not to report undocumented workers to the immigration
20
authorities when it investigates labor violations and pursues violators. In addition, the Committee
recommends that the State work to better educate workers in order to increase awareness that
they will not face immigration consequences if they come forward and report employment
abuses. To that end, the Committee recommends that the State, in conjunction with community
partners, pursue an education and outreach effort targeting immigrant workers in order to assure
this population of laborers that they will not be in jeopardy of detention or deportation simply
because they report violations of workplace abuses. The LWD should consider whether
additional policies or procedures are necessary to reassure workers that confidentiality will not
be compromised and to ensure that workers feel comfortable reporting such abuses. The
Committee believes that similar strategies should be adopted and implemented by other federal,
state and local labor and workplace safety agencies in New Jersey and, following appropriate
analysis and discussion, throughout the United States.
Finding 3: Fair Housing Violations: Exclusionary Zoning and Code Enforcement
While the Committee recognizes that municipalities have a legitimate interest in promoting the
public health, safety, and welfare of local communities through zoning and code enforcement,
the Committee concludes that these interests are not served when such mechanisms are
employed only as a means of targeting immigrants, whether or not on account of inappropriate
motivations or bias. The Committee concludes that exclusionary zoning practices, unfair rental
practices, and discriminatory code enforcement violate principles and laws guaranteeing fair
housing and undermine the economic interests of the State. The Committee heard from a number
of experts and stakeholders who testified that in recent years New Jersey has experienced a rash
of discriminatory housing practices targeting immigrants, including exclusionary zoning
ordinances and discriminatory enforcement of neutral housing code laws. A number of panelists
suggested that addressing these civil rights violations would not require legal reform. Rather, as
with employment issues, the record suggests that more rigorous enforcement of existing housing
laws would be a major step forward toward significantly remedying these problems.
Recommendation 3: Greater Enforcement of Fair Housing Law
The Committee recommends that the U.S. Department of Justice and state Attorneys General in
New Jersey and elsewhere commit their agencies to reinvigorated enforcement of the federal Fair
Housing Act and state laws prohibiting housing discrimination, such as the New Jersey Law
Against Discrimination. In doing so these entities should consider:
ƒ Collecting data to determine how frequently neutral housing laws are employed in a
discriminatory manner so as to deny immigrants access to housing, and to document the
most frequent forms of such abuse in the State;
ƒ Adopting policies to eliminate over-zealous enforcement of code and zoning laws
motivated by a discriminatory animus against immigrants;
ƒ Allocating adequate numbers of investigators and prosecutors to enforcement of these
laws, training investigators and prosecutors to be aware of the unlawful and abusive
practices, and pursuing enforcement actions targeting these civil rights violations when
they arise.
21
Finding 4: Exclusionary Practices Are Contrary to State and Local Interests
The Committee concludes that zoning and code enforcement policies that inappropriately
discourage growing immigrant populations from living in certain communities are not in the
interests of the State or local communities. Experts and stakeholders who testified before the
Committee cited the benefits that immigrant workers contribute to local communities and, in
particular, the economic harm experienced by Riverside, New Jersey when it attempted to
exclude immigrants from working or renting homes within municipal borders.
Recommendation 4: Education and Outreach Regarding Exclusionary Practices
The Committee recommends that the Commission evaluate the extent of exclusionary zoning and
discriminatory code enforcement practices and determine whether and to what extent such
practices have harmed local interests. To the extent these practices are widespread and warrant a
systemic solution, the Committee recommends education and outreach efforts aimed at
informing local communities of the adverse consequences for municipalities when local
governments curtail the movement of immigrants to areas of opportunity through zoning and
code enforcement.
Finding 5: Discriminatory Lending and Mortgage Practices Affecting Immigrants
While data confirms that nationally, approximately 40 percent of all loans made to Latinos are
sub-prime, there is insufficient data available describing how unfair lending and refinancing
practices affect New Jersey’s immigrant population.
Recommendation 5: Data Collection on Unfair Lending and Mortgage Practices
The Committee recommends that the Commission undertake a comprehensive, nationwide
investigation of the impact of fair lending and refinancing practices on immigrants. Meanwhile,
New Jersey should take a leadership role in the national effort to understand how unfair lending
and refinancing practices affect vulnerable communities, by working to collect better data
regarding the impact of these practices on immigrant communities in the State. Informed by such
data, the Commission and the State should develop strategies for providing immigrants greater
access to fair and affordable loans in order to develop credit histories necessary for renting and
purchasing homes.
Finding 6: Immigration Detention Conditions
The Committee finds that while immigration detention is a matter of federal immigration policy,
because detention occurs within New Jersey, the State and local communities have a particular
interest and obligation to protect the civil rights of individuals who are detained. The record
raises serious questions regarding the conditions in which immigrants are detained in New
Jersey, warranting, at the very least, further exploration and potential remedial action. The
Committee further recognizes the importance of this issue given that New Jersey is home to one
of the largest immigration detention facilities in the nation, the Elizabeth Detention Center,
where hundreds of asylum seekers, including torture survivors, are detained. The Committee also
22
recognizes that a number of county jails in New Jersey serve as detention facilities for
immigrants as well. The Committee heard testimony and reviewed documents in the record
recounting the difficult conditions faced by individuals at these facilities, and in particular, the
reports that since 2003, a number of immigrants have died in detention centers because of
inadequate health care. The Committee was troubled to learn that although asylum seekers in
detention have not been convicted of any crimes, they are routinely denied access to the outdoors
for long periods of detention, are subjected to no-contact family visitation, and are regularly
denied parole notwithstanding that they pose neither a risk of flight nor a danger to the
community.
Recommendation 6: Assess and Improve Detention Conditions
The State should form a task force to examine conditions at the Elizabeth Detention Center and
the six county jails where immigrant detainees are held and make recommendations to the
Department of Homeland Security to improve conditions for asylum seekers and others subject
to immigration detention. The task force should assess, among other subjects, the provision of
medical care to detainees, detainees’ access to sunlight and the outdoors, and use of no-contact
family visitation. In examining these issues, the task force should also study the use of parole at
the Elizabeth Detention Center to determine whether parole and/or other alternatives to detention
are underutilized. The task force should, based upon its review, call upon the Department of
Homeland Security to make appropriate revisions to detention policy and practice.
Although the State of New Jersey lacks jurisdiction over detainees at county jails or private
correctional institutions within the State, the New Jersey Administrative Code (N.J.A.C.
10A:34), grants authority to the State to determine minimum detention standards for these
institutions. 72 Thus, the State may set minimum detention standards for county jails housing
immigrant detainees and private detention facilities and should assess whether conditions at New
Jersey’s county jails and at the Elizabeth Detention Center comply with existing state standards
and whether any new minimum standards are needed. The Committee also urges the Department
of Homeland Security to adopt binding detention condition standards that would apply to the
Elizabeth Detention Center, and county jails that house immigrants in New Jersey.
Finding 7: Public Safety Enhanced by Law Enforcement Relationships with Immigrant
Communities
Trust between immigrant communities and local police departments is essential to ensuring the
public’s health, safety, and welfare. When immigrants refrain from reporting crimes or seeking
the protection of the police, the safety of entire communities is compromised. A number of
individuals who testified at the public hearing explained that many immigrants are increasingly
afraid to report crimes or to seek the protection of the police in light of practices such as the
287(g) program. These immigrants are fearful that reporting crimes will lead to detention,
deportation, and separation from their families. The Committee also heard from the Public
Advocate who testified, based on his service as Chair of the Governor’s Blue Ribbon Advisory
72
See Governor’s Report, Executive Summary, supra note 9, at 24; N.J.A.C. 10A:31-1.1 (establishing “minimum
criteria for the administration of adult county correctional facilities” and “guidelines for the provision of programs
and services to inmates in adult county correctional facilities”).
23
Panel on Immigrant Policy, that most law enforcement personnel disfavor section 287(g),
believing that it undermines trust between immigrant communities and the police and requires
law enforcement to divert resources from traditional public safety functions to enforcing a
complicated area of the law for which they lack sufficient training. The Committee finds that
local police departments should adopt measures that strengthen, not weaken, the relationship
between immigrants and law enforcement so that local officials can better advance the health,
safety, and welfare of the community as a whole.
Recommendation 7: Adopt Strategies for Strengthening the Relationship Between
Immigrant Communities and the Police
Local governments should refrain from entering into section 287(g) agreements with the federal
government, recognizing that local law enforcement agencies are not well-suited to enforce
federal immigration law, and that doing so diverts valuable resources from their core public
safety function and undermines public safety and welfare by discouraging immigrants from
coming forward to report crimes. Police departments should develop strategic partnerships with
community organizations in order to assure immigrant communities that individuals who come
forward to report crimes will not be reported to the immigration authorities, and that cooperation
between immigrant communities and the police is essential for strong, safe, and vibrant
communities.
Finding 8: State Interests Are Not Served by Denying Exceptional Students an Education
The Committee heard from a number of advocates and members of the public who testified as to
the unique hardships of children who have spent most of their lives in the United States and are
familiar only with this country, and yet have no opportunity to normalize their immigration
status or pursue a college education because they and their parents lack lawful immigration
status. The Committee learned that many undocumented children in New Jersey, even those of
extraordinary academic and athletic ability who possess great leadership skills and character, are
unable to obtain a college education because they are not entitled to in-state tuition at state
educational institutions and are ineligible for federal loans and most scholarships. The
Committee finds that denying talented and hard-working students who call New Jersey home the
opportunity to contribute their talents to the State is misguided, and an unfair penalty for children
to bear because their parents brought them to the United States as minors.
Recommendation 8: Provide In-State Tuition for Qualified Immigrants
The Committee urges all public higher education institutions in New Jersey and elsewhere to
voluntarily provide immigrants who are otherwise admitted to attend those institutions in-state
tuition. The Committee further recommends that the New Jersey Legislature adopt legislation
that would mandate that in-state tuition rates be provided to all students living in New Jersey,
irrespective of their immigration status. The Committee believes that doing so will enable a
generation of motivated, accomplished individuals to use their skills to advance the progress of
the State, and will provide an example for other states to follow.
24
The Committee also urges Congress to enact the DREAM Act, which would provide qualifying
immigrant students the possibility of obtaining lawful immigration status upon graduation from
college or service in the military.
Conclusion
Lawmakers, public officials, law enforcement agencies, community organizations and members
of the public must work together to ensure that the civil rights of immigrants are protected within
New Jersey and throughout the United States. That requires increased reporting of civil rights
violations by members of immigrant communities, as well as more rigorous enforcement of
existing civil rights law to protect the interests of immigrant workers and tenants. Essential to
both developments, however, is greater trust between immigrant communities and the public
officials and institutions that enforce the law. The Committee therefore recommends that
improving conditions and opportunities for immigrants in the employment and housing context,
and beyond, such as with respect to immigration detention conditions, relationships with local
police agencies, and access to education, are essential steps in assuring respect for the basic civil
rights of immigrants.
25
Appendices A-D
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